Investigating planning history and negotiating contracts conditional on planning

For property transactions dealing with land, it is important to determine the lawfulness of any existing or proposed uses and/or operational development of the land. In relation to any proposed development or existing development (including use of the land), check:

  1. current or proposed development of the site

  2. the meaning and status of planning permissions affecting the site

  3. any restrictions that apply to the site, including those in any statutory agreements such as those made under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) and sections 28 and 278 of the Highways Act 1980, and

  4. the impact of any unauthorised uses or development on the site

Outline and full permissions

Outline planning permission provides authorisation for the principle of the development described in the decision notice.

Where an outline planning permission authorises the development on site, ensure that reserved matters approvals for all of the matters reserved in the outline permission have been obtained for either the relevant phase or for the whole of the development within the

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